Avoid Prenuptial Agreement Mistakes

February 27, 2015
By
Law Offices of Korol & Velen

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Proposing the idea of a prenuptial agreement can emotional. But even tougher
is finding out during a divorce that the prenuptial agreement you signed
is invalid because of simple mistakes. Here’s a list of things to avoid.

Prenuptial Agreement Mistakes

A prenuptial agreement can be deemed invalid if there are mistakes. Here
are some commonly made mistakes:

Same Legal Representation – Both spouses should have separate attorneys that will ensure the
client understands the prenuptial agreement independently of the other
spouse. This way the signing of the final agreement is done voluntarily,
and without one spouse feeling pressured into it.

Signed Under Duress – A prenuptial agreement can be invalid if one party was pressured
into it, or if they were drunk or under the influence of drugs and thus
did not have the mental capacity to sign the agreement.

Signed Too Close to the Wedding – Don’t leave the prenuptial agreement signing to the last
minute. If a couple decides to divorce, and the agreement was signed too
close to the wedding, it can be argued that one party was coerced into
signing. Sign the prenuptial agreement at least one to three months before
the wedding date. A spouse should have enough time to deliberate on what
they are signing it.

No Full Disclosure – Make sure all assets and debts are disclosed.

Child Support Provisions – Leave custody and chill support off of a prenuptial agreement
as they are counter to public policy. If a divorce happens, and there
are children involved, a court will always rule in the best interests
of a child, rather than what was decided on a prenuptial agreement. If
such provisions are on the prenuptial agreement it can invalidate the
whole thing.

Biased – If a prenuptial agreement appears to be biased towards one party,
it can deemed unenforceable or “unconscionable.”

Unenforceable Provisions – If an agreement has unusual provisions in it (one person always
does the dishes) those provisions can be deemed unenforceable and thus
weaken the whole agreement.

Oral Agreement – The prenuptial agreement should be in written form, with multiple
copies: one for each spouse and one for each spouse’s attorney.

Ambiguous Writing – If the agreement is not clear, or has ambiguous wording, it can
be challenged in court.

Work with a Family Law Attorney

Working with a family law attorney to draft your prenuptial agreement is
a good way to avoid these common mistakes, as well as ensure that if you
get divorced, the agreement can not be invalidated.

For advice on prenuptial agreements and divorce, you need the expert law
firm of Korol and Velen, certified family law specialists. Schedule a
consultation today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.